Dunlap Probate Lawyer

Dedicated Probate Attorneys Representing Dunlap, TN Clients

Losing a loved one can be incredibly hard and leave the surviving family members feeling uncertain. If someone dies leaving behind assets that weren’t planned for transfer through an estate plan, these assets are called probate assets. Before these assets can be given to creditors, heirs, or beneficiariesthey need to go through the Probate Court process.

At the Elizabeth Greer Adams Law Group in Tennessee, our Dunlap probate lawyers are here to help you manage a loved one’s affairs or ensure that your assets go to the right people after you’re gone.

Probate Laws in Tennessee

Probate is the legal process of transferring a deceased person’s assets to their heirs. During probate, the court verifies the will, distributes the assets to the heirs, and settles any debts.

Most people make a will to outline their wishes and instructions for their estate. During probate, the court will confirm that the will is valid. If there’s no will, probate is still needed because the court will decide how to distribute the deceased person’s assets to their loved ones.

Probate laws vary by state, and many places allow you to avoid it if you meet certain requirements. If you’re the personal representative of an estate, you can start the probate process by filing a petition with the court. While having a will doesn’t automatically exempt you from probate, it can guide the process, and not all wills require probate.

Is Probate Necessary in Every Situation?

It’s important to know that only assets and estates solely in the deceased person’s name, with no other owners listed, need to go through probate. These assets will be part of the probate estate. Typically, this does not include:

1. Assets with a transfer-on-death (TOD) or payable-on-death (POD) designation, where a specific person is named as the beneficiary.
2. Life insurance policies with a designated beneficiary, which will go directly to the person listed on the policy.
3. Assets with rights of survivorship, such as joint bank accounts or jointly owned real estate, which will pass directly to the surviving owner.

If the family has assets beyond those mentioned, they’ll likely need to go through probate before being divided. Not all of the deceased’s belongings are part of the probate estate. If you’re unsure about which assets need to go through probate and which can be transferred right away, it’s a good idea to consult with a Dunlap probate lawyer to avoid extra complications and costs.

How Long Does Probate Take?

The probate process can take anywhere from a few months to over a year, depending on how complex the case is. Smaller estates usually take less time to settle than larger ones with more assets, beneficiaries, and issues like debts and taxes. The speed of the process also depends on how quickly the estate representative can move things along. Legal disputes can delay the process, so it’s important to make sure your will is valid.

Contact Our Dunlap Probate Lawyer Today

Your assets reflect your hard work and careful planning. It’s only natural and sensible to want to make sure your loved ones are provided for if you’re no longer able to take care of them or if you become disabled.

If a loved one has passed away, we can assist you with every step of managing the estate, from beginning to end. We’ll guide you through all the paperwork, deadlines, and financial details, and help you pay creditors and distribute assets to beneficiaries. Many people die without a will or estate plan, so most of the deceased’s family will need to navigate the probate process.

Our experienced Dunlap probate lawyer is well-prepared to provide comprehensive help and representation for all probate matters. We offer compassionate legal advice and strong litigation strategies. To speak with our team of expert Dunlap probate lawyers, call (423) 949-3621 now.